Metschan v. Grant County
Oregon Supreme Court
From Grant: Morton D. Clieeord, Judge. This is an action brought by Phil Metschan against Chas. F. Hyde and Grant County for the restitution of money collected on a judgment which was subsequently reversed on appeal.
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From Grant: Morton D. Clieeord, Judge. This is an action brought by Phil Metschan against Chas. F. Hyde and Grant County for the restitution of money collected on a judgment which was subsequently reversed on appeal. The complaint alleges, in substance, that on the twenty-ninth of November, 1892, judgment was rendered against Cross and Greenwell for the sum of $1,000 and costs, in an action brought against them by the defendant Hyde, as district attorney for the sixth judicial district, in his own name, but in the interest and for the benefit of the defendant county, upon an undertaking of…
1Opinion of the CourtJustice Bean
1. It is conceded by the defendant’s counsel, in effect, if not in terms, that under the facts alleged in the complaint the plaintiff is entitled to restitution, but his contention is : First, that Grant County is not liable ; and, second, that plaintiff’s remedy was by a proceeding to review the action of the county court in refusing to pay his claim. The first position is based on the theory that money collected on a forfeited undertaking of bail in a criminal action belongs to and becomes a part of the school fund of the state, over which the pounty has no control. We have not been cited…
2Cases cited3 opinions
- Grant County v. Lake CountyOregon Supreme Court · 1889
- Sunnyside Land Co. v. Willamette Bridge Railway Co.Oregon Supreme Court · 1891
- State v. Baker CountyOregon Supreme Court · 1893
3Cited by8 opinions
- McFadden v. SwinertonOregon Supreme Court · 1900
- Staiger v. HolmanOregon Supreme Court · 1932
- Coker & Bellamy v. RicheyOregon Supreme Court · 1923
- Wallowa County v. OakesOregon Supreme Court · 1904
- Coos Bay Times Pub. Co. v. Coos CountyOregon Supreme Court · 1916
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